A. Definition: For purposes of this section, "garbage" shall be defined as any discarded, used, or unconsumed substance or waste. Garbage may include, but is not limited to, any trash, refuse, debris, rubbish, grass clippings, or other lawn or garden waste; newspaper; magazines; glass, metal, plastic or paper containers, or other packaging; construction material; abandoned vehicle; motor vehicle parts; furniture; oil; carcass of a dead animal; nauseous or offensive matter of any kind; object likely to injure any person or create a traffic hazard; or anything else of an unsightly or unsanitary nature which has been discarded, abandoned or otherwise disposed of improperly.
B. Depositing Garbage: No person shall dump, deposit, drop, throw, discard, leave, or cause or permit the dumping, depositing, dropping, throwing, discarding, or leaving, of garbage upon any public or private property in the city, or upon or into any stream, lake, pond or other body of water in the city unless:
1. The property has been designated by the city or any of its agencies for the disposal of garbage, and the garbage is disposed of on that property in accordance with the applicable rules and regulations created by the city and Illinois Compiled Statutes; or
2. The person is acting pursuant to special cleanup days established by the city council; or
3. The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of any garbage when the emergency situation no longer exists. (Ord., 11-11-2002)
C. Penalty: Any person convicted of a violation of this section shall be fined five hundred dollars ($500.00) and the cost of cleanup for each offense.
D. Abatement by city.
1. Notice to abate. The chief of police or his designee is hereby authorized and empowered to notify the owner, owner’s agent or occupant of any premises on which garbage and refuse has been deposited violation of this Section 4-2-1 of the city code and to demand the removal of garbage and refuse within ten (10) days.
2. Abatement by city authorized; payment of costs. If the garbage and refuse is not removed within ten (10) days after receipt of the notice described in paragraph 1 above, or within ten (10) days of the date of refusal of delivery of such notice, the city may proceed to remove such garbage and refuse, keeping an account of the expense of the removal, including but not limited to labor charges, equipment charges and all other charges determined by the city to be applicable to the cost of the city in removing the garbage and refuse, and such expense shall be charged to and paid by the property owner.
3. Filing of lien for unpaid charges. Charges for such removal shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for 30 days after it has been rendered, the city may file with the county recorder of deeds a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred and the date the removal took place, and a notice that the city claims a lien for this amount. Notice of such lien claim shall be delivered to the owner of the premises. (Ord., 11-11-2002; amd. 2015 Code; Ord. 2022-9-13, 9-12-2022)